In every ethical dilemma, counselors have a responsibility to make the best possible decision based on the information they have available while keeping in mind that the client is the counselor’s first obligation. The ethical decision-making model the Herlihy and Corey (2006) have established for professionals can be a guideline for any ethical decision that appears to be complex or questionable in nature. Case Study 2: Pressures from all sides: a rehabilitation Counselor’s Dilemma The case study involving the newly graduated vocational rehabilitation counselor, needed to seek further guidance and direction.She sought out her supervisor to gather additional insight into what she would do or consider in her situation that would bring up any potential issues that could arise in the meantime. She received numerous phone calls making her next step unclear.
Herlihy and Corey (2006) created A Practitioner’s Guide to Ethical Decision-Making to assist when issues like this one arise. The ethical dilemmas that have appeared in this situation test the basics of counseling but can create unsettled matters with the client. The client’s attorney calls to tell the counselor that she is not to contact the client again.The insurance company is paying to assist the client in any way to get him back into working condition. The wife calls asking that her husband not be pushed too fast to get back to work, while the client calls the counselor and requests specifically to go back to work as soon as he is able.
The counselor has an obligation to her client above all else. The more open she is with her client about the other phone calls the better off she will be to keep her client informed. The client has to sign a release of information before she can release any information.The counselor may invite the client to attend a meeting with him and his wife to be able to understand the situation from the other person’s perspective. The attorney is not necessarily an issue at this point.
The insurance company and the client have the same objective in mind. However, the counselor’s boss gave some advice that would be less than helpful for a new counselor. Just because the insurance company provides services does not mean the obligation should be to that company. This would seem to be borderline fraudulent behavior which is unethical. The client comes first.
The American Counseling Association (ACA) (2005) provides counselors with an ethical code that says the counselor has the ability to consult with others on the ethical obligation in any matter (C. 2. e). ACA (2005) identified (A.
1) Welfare of those served by counselors and its subcategories (A. 1-1-5) to accurately interpret the counselor’s duties in this situation. The counselor’s primary responsibility, records, counseling plans, support network involved, employment needs are all relevant to the accurate handling of this case. Proper documentation to involve the appropriate parties is imperative to the counseling relationship.When in doubt, consult with someone that is trustworthy and will provide accurate direction.
Confidentiality and privacy are of the utmost importance and should be treated accordingly. Case Study 19: Managing Ethical and Legal Obligations Mark is seeing Paul who is currently going through a divorce and is filing for full custody of his children based on occurrences that have been reported to him. The courts contacted Mark by issuing a subpoena requesting he relinquish Paul’s files for court review. Paul has disclosed information about himself that could potentially be used against him in court.
Paul had requested Mark not communicate the information he disclosed to anyone. However, if Paul was unaware of the exception to confidentiality, Paul may not have disclosed information that could jeopardize the custody matter with courts questioning his character and potentially seeing him to be a risk to his children. Mark is in a very bad position in this matter. If he failed to provide the client with an informed consent notifying him of these risks then Mark could be liable for Paul losing custody of his children while his practice, license, and reputation is on the line.This could also put Mark in a position for a civil action to be filed. The Ethical Code for the International Association of Marriage and Family Counselors (IAMFC) (2011) identify the importance of confidentiality and privacy (Section B: 1and 3) and (Section H: 1) that establishes the ethical decision making and resolution used to problem solve this conflict.
What I would have done in the beginning would have been to ensure an informed consent was on file. Starting counseling with a client should not be conducted until there is no question about the client’s knowledge of the exceptions to confidentiality and privacy.Following the guide provided by Herlihy and Corey (2006) would provide a counselor additional support in ensuring accuracy in his or her counseling practices. The best solution in this matter would be to accommodate the courts with only proving them with the files they ask for to attempt to get by on and see if the bare minimum will suffice. If not, then Mark will need to notify Paul of his actions and potential neglectful practice that could end up with Paul losing his children based on his disclosures.
Being honest and forthright would be the best way to try and salvage any of the therapeutic relationship if it should continue at all.
